What is an Order for Protection?
An
Order for Protection (OFP) is a court order, which provides protection from
abuse. It orders the abuser not to
commit domestic abuse. An OFP can:
- Remove the abuser
from the home that you share
- Order the abuser to
not have contact with you or your children
- Set up or restrict
visitation with your children
- Establish temporary
custody
- Provide child
support and spousal maintenance
- Decide the use of
property
- Order treatment for
the abuser or participation in the Intervention Program for Men, a chemical
dependency program or a psychological evaluation.
- Order police
accompaniment if you want to get possessions out of the home.
- Order other relief, if necessary, for the protection of you and your children.
You
must appear in court to obtain an OFP, and you must prove that domestic abuse
has occurred. It will be very
helpful if you bring documentation of abuse, any witnesses you have and a plan
for visitation if children are involved. Advocates’
office can help you gather these important pieces of information.
There
is no fee for filing an Order for Protection, and it is the fastest legal
assistance available to battered women. Any
violation of the OFP is a criminal offense.
How is a restraining order different
from an OFP?
A restraining order is used to protect you from individuals who are not close to you, but may be harassing you. There is a fee for obtaining a restraining order based on family income. As domestic occurs between people in intimate relationships, a restraining order is not usually the best option for battered women.
Forms
are available from the clerk of court in any county or from the Advocates’
office. Our advocates are available
to assist you in filling out the required paperwork and accompanying you through
the process.
How long does it take to get an OFP?
You
should allow a few hours to fill out the forms and take them to court.
If the judge signs the forms, you will receive a temporary “Ex Parte
Order” and a court date for a hearing. A
hearing will be scheduled no more than 7 days from the time you submit your
paperwork. The Sheriff’s
Department then has up to 14 days to serve the temporary order, however most
orders are served within 48 hours. The
order is not effective until it is served. You
must attend the hearing in
order to obtain an OFP.
Sometimes
mediation is suggested at the time of your hearing.
Mediation is NOT
a good option for most battered women. You
are NOT required by law to attend mediation if you have been in an abusive
relationship.
What must the petition contain?
You
must describe in detail the acts of domestic abuse.
Then you must sign an affidavit under oath with a notary present.
This can be done at the courthouse.
Do I need an attorney?
An
attorney is not necessary to obtain an OFP.
You have the right to have an advocate or other support person with you
at the hearing, and we encourage you to contact Advocates for Family Peace to
establish a relationship with one of our court advocates.
How long is an OFP in effect?
The
judge will set a fixed time period, up to two years.
What happens if the OFP is violated?
If
law enforcement is notified of the violation immediately and the officer deems
that a violation has occurred, the abuser will be arrested.
The abuser can be jailed for three days for the first offense, ten days
for a second offense and jail time increases thereafter.
There also may be fines imposed for violations.
It is important that you also contact your advocate if a violation
occurs. Keep good records of the
violation(s), including date, time and witnesses to the incident.
Who
may file for an Order for Protection?
 | Any adult may file against a family or household member; |
| Spouse or former spouse; |
| Related by blood; |
| Live together; |
| Child or pregnancy together; |
| Involved in significant romantic or sexual relationship |
Minor, age 16 or 17 years, may file against:
| Spouse or former spouse; |
| Person have child with; |
All other minors must have a parent, guardian or adult over
age 24 years file on their behalf.
How is domestic abuse defined?
| Physical harm, bodily injury or assault; |
| Fear of physical harm, bodily injury or assault; |
| Terroristic threats; |
| Criminal sexual conduct |
| Interference with an emergency call. |
What
can you ask for in an OFP?
| Stop assaults and threats by abuser; |
| Exclude abuser from home, work & reasonable area around the house; |
| No contact by phone, letter, third party from the abuser; |
| Pay restitution to victim for expenses related to abuse; |
| Temporary custody to the victim; |
| Supervised visitation or exchanges for the abuser; |
| Child support |
| Maintain insurance coverage; |
| Return of property (limited); |
| Intervention Program for Men for the abuser |
| Parenting classes for the abuser |
| Chemical dependency evaluation for the abuser |
| Other things necessary for protection. |
Orders are typically issued for two years.
Process
of applying for an OFP:
| Obtain the forms from Advocates for Family Peace or court administration; |
| Fill out the forms with an advocate |
| Get the papers notarized at court administration or by any notary |
| Sign the papers |
| File the papers |
| Receive the ex parte OFP (if signed by the judge) |
| Meet with an advocate for a pre-hearing visit |
| Attend court hearing. |
| Receive the OFP (If granted by a judge) |